Massachusetts Statutes

Section 7. A conveyance of land, if otherwise valid, shall, notwithstanding disseisin or adverse possession, be as effectual to transfer the title of the grantor as if he were actually seized and possessed of such land, and shall vest in the grantee the rights of entry and of act…

Section 8. The forms set forth in the appendix to this chapter may be used and shall be sufficient for their respective purposes. They shall be known as ''Statutory Forms'' and may be referred to as such. They may be altered as circumstances require, and the authorization of such…

Section 9. For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether said statutory form or other forms are used, the rules and definitions contained in sections ten to twenty-eight, inclusive, shall apply to all such …

Section 1. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Building'', any building containing one or more units comprising a part of the condominium. ''By-laws'', the by-laws of the organization of unit o…

Section 10. (a) Each unit owner shall have the same percentage interest in the corporation, trust or unincorporated association provided for in the master deed for the management and regulation of the condominium as his proportionate interest in the common areas and facilities. S…

Section 10A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Association'', a condominium association, homeowners' association, community association, cooperative, trust or other nongovernmental …

Section 11. In addition to other provisions required or permitted by law, the by-laws of the organization of unit owners shall provide at all times for at least the following:— (a) The method of providing for the necessary work of maintenance, repair and replacement of the common…

Section 12. The by-laws may also provide:— (a) A method for determining the fair market value of the unit and of the condominium in cases arising under sections seventeen and eighteen by submitting the matter to arbitration by a board consisting of one member chosen by the dissen…

Section 13. All claims involving the common areas and facilities shall be brought against the organization of unit owners, and all attachments and executions related to such claims shall be made only against common funds or property held by the organization of unit owners and not…

Section 14. Each unit and its interest in the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes but the common areas and facilities, the building and the condominium shall not be deemed to be…

Section 15. The subdivision control law shall not apply to the division of a building into units.

Section 16. The owners of any land may submit the land under this chapter by the recording in the registry of deeds of a master deed or, if the title to the land is registered under chapter 185, by filing the master deed under said chapter 185.

Section 17. (a) Rebuilding of the common areas and facilities made necessary by fire or other casualty loss shall be carried out in the manner set forth in the by-law provision dealing with the necessary work of maintenance, repair and replacement, using common funds, including t…

Section 18. (a) If fifty per cent or more but less than seventy-five per cent of the unit owners agree to make an improvement to the common areas and facilities, the cost of such improvement shall be borne solely by the owners so agreeing. (b) Seventy-five per cent or more of the…

Section 19. (a) Seventy-five per cent of the unit owners, or such greater percentage as is stipulated in the by-laws, may remove all of a condominium or portion thereof from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders o…

Section 2. This chapter shall apply only when the owner of the land or the lessee of the land submits such owner's or lessee's interest in the land hereof by duly executing and recording a master deed with an assent by the lessor in the case of a leasehold condominium, containing…

Section 20. Notwithstanding any other provision of general or special law, a city or town may own a unit of a condominium under this chapter, participate in the organization of unit owners and be liable for its share of the common expenses of the condominium. Said city or town ma…

Section 21. If a condominium does not contain any unit which is designed for occupancy by only one family or household, or if the floor area of all those units which are designed for occupancy by only one family or household does not in the aggregate exceed ten percent of the flo…

Section 22. In the event of a foreclosure upon a condominium development, the lender taking over the project shall succeed to any obligations the developer has with the unit owners and to the tenants, except that the developers shall remain liable for any misrepresentation alread…

Section 23. Where the master deed, declaration of trust or bylaws of a condominium submitted under this chapter requires the consent of mortgagees prior to amending said deed, trust or bylaws, consent shall be deemed given if the following conditions are satisfied: (i) written no…

Section 24. (a) Notwithstanding any provisions in a master deed, declaration of trust or by-laws of a condominium submitted pursuant to this chapter to the contrary, the governing body of the organization of unit owners may conduct regularly scheduled or special meetings by telep…

Section 3. Each unit together with its undivided interest in the common areas and facilities, whether or not such unit is built on owned or leased land shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, ownership, possession, sale, trust, the …

Section 4. Each unit owner shall be entitled to the exclusive ownership and possession of his unit, subject to the provisions of this section and of sections seventeen, eighteen and nineteen; provided, however, that:— (1) No unit shall be devoted to a use prohibited in the master…

Section 5. (a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage set forth in the master deed. Such percentage shall be in the approximate relation that the fair value of the unit on the date of the master deed bears t…

Section 6. (a) (i) Except as provided in paragraph (ii), all common expenses shall be assessed against all units either in accordance with their respective percentages of undivided interest in the common areas and facilities or, if stated in the master deed or an amendment theret…

Section 7. No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of the unit or otherwise; and no unit owner shall be entitled to an offset, ded…

Section 8. The master deed shall be recorded in the registry of deeds or the land registration office where the real estate is located and shall contain the following particulars:— (a) The statement required by section two. (b) A description of the land on which the building or b…

Section 8A. (a) The consent of every lessor of each lease which is submitted to the provisions of this chapter shall be recorded and shall provide: (1) the recording data for the lease or the notice thereof, and in the latter case, a statement of where the complete lease may be i…

Section 9. Deeds of units shall include the following particulars:— (a) An indication that the deed relates to a condominium and is subject to the provisions of this chapter. If the condominium relates to a lease which is submitted to the provisions of this chapter, the name of t…

Section 1. This chapter may be cited as the Real Estate Time–Share Act.

Section 10. This chapter being intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed in whole or in part by subsequent legislation if such construction can reasonably be avoided.

Section 11. If all of the documents constituting the project instrument are recorded, time-shares shall not be created in any unit in a project unless expressly permitted by the project instrument. No amendment to a project instrument which is recorded shall permit the creation o…

Section 12. (a) Except as provided in subsection (b), more than twelve time-shares may be created in a single time-share property only by a time-share instrument recorded in the registry of deeds or land registration office for the district in which the time-share unit is situate…

Section 13. (a) The time-share instrument shall state the amount of or formula used to determine any time-share expense liability allocated to each time-share. (b) If the time-share instrument provides for voting, it shall allocate votes to each time-share unit and to each time-s…

Section 14. No action for partition of a time-share unit may be maintained except as permitted by the time-share instrument or by paragraph (3) of subsection (b) of section fifteen.

Section 15. (a) This section shall apply to time-share licenses only to the extent expressly provided by the time-share instrument. (b) After the occurrence of a duly noticed and held meeting of an association of owners convened not less than 30 days after such notice to consider…

Section 16. A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location, and relocation thereof. He may maintain s…

Section 17. The time-share instrument may require that all or a specified number or percentage of the mortgagees of units or time-shares approve specified actions of the unit owners, time-share owners, developer, or managing entity as a condition to the effectiveness of said acti…

Section 18. A time-share estate, coupled with a freehold estate, shall be evidenced by a time-share deed, and a time-share estate, coupled with an estate for years shall be evidenced by a notice of time-share lease. A time-share license shall be evidenced by a notice of time-shar…

Section 19. (a) If the number of time-shares in a time-share property is more than twelve, the developer, before the first transfer of a time-share, shall create or provide a managing entity to manage the time-share property. The managing entity may be (i) a manager, who may be t…

Section 2. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Affiliate of a developer'', any person who controls, is controlled by, or is under common control with a developer. A person controls a developer …

Section 20. (a) Subject to the provisions of subsection (b) and the time-share instrument, the association, even if unincorporated, may: (1) adopt and amend by-laws, rules, and regulations; (2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessmen…

Section 21. The developer shall have the duties imposed on the managing entity by this chapter and the powers set forth in clauses (1) to (11), inclusive, of subsection (a) of section twenty until a managing entity is provided or the developer and his affiliates own no estate or …

Section 22. (a) For the purposes of this section, ''special developer right'' shall mean a right reserved for the benefit of a developer to add more units to a time-share property to maintain sales offices, management offices, models, and signs or to appoint, control, or serve as…

Section 23. (a) If, before the developer ceases to appoint, control or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities between the managing entity and the developer or an…

Section 24. Except to the extent otherwise provided by the time-share instrument, the managing entity shall be responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, o…